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EPA proposed new rule to garnish wages for non-tax debts
regulations.gov ^ | 7/19/2014 | The Bat Lady

Posted on 07/19/2014 10:54:52 AM PDT by The Bat Lady

This Proposed Rule document was issued by the Environmental Protection Agency (EPA)

For related information, Open Docket Folder Docket folder icon Action

Proposed rule. Summary

Environmental Protection Agency (EPA) is proposing to amend EPA's claims collection standards to include administrative wage garnishment. This rule amends the EPA's debt collection regulations to implement the administrative wage garnishment (AWG) provisions of the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (DCIA). The proposed rule will allow the EPA to garnish non-Federal wages to collect delinquent non-tax debts owed the United States without first obtaining a court order. In the Rules and Regulations section of thisFederal Registerwe are approving an amendment to EPA's regulations on claims collection standards by using administrative wage garnishment as a direct final rule without a prior proposed rule. If we receive no adverse comment, the direct final rule will go into effect and we will not take further action on this proposed rule. Dates

Written comments must be received by August 1, 2014. Addresses

Submit your comments by one of the following methods:

1. Email: jones.anita@epa.gov.

2. Fax: (202) 565-2585.

3. Mail: OCFO-2014-0001; FRL-9910-13-OCFO, FPPS c/o Anita Jones, OCFO/OFM/FPPS, Mailcode 2733R, Environmental Protection Agency, 1300 Pennsylvania Ave. NW., Washington, DC 20460.

Comments may be submitted electronically by following the detailed instructions in theADDRESSESsection of the direct final rule located in the rules section of thisFederal Register. For Further Information Contact

FPPS c/o Anita Jones, OCFO/OFM/FPPS, Mailcode 2733R, Environmental Protection Agency, 1300 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-4969; fax number: (202) 565-2585; email address: jones.anita@epa.gov. Supplementary Information Background

This proposed rule implements the administrative wage garnishment provisions in section 31001(o) of the Debt Collection Improvement Act of the 1996 (DCIA), Public Law 104-134, 110 Stat. 1321-358, codified as 31 U.S.C. 3720D. Under the administrative wage garnishment provisions of the DCIA, Federal agencies may garnish administratively up to 15 percent of the disposal pay of a debtor to satisfy a delinquent non-tax debt owed to the United States. Prior to the enactment of the DCIA, Federal agencies were required to obtain a court judgment before garnishing non-Federal wages. Section 31001(o) of the DCIA preempts State laws that prohibit wage garnishment or otherwise govern wage garnishment procedures.

As authorized by the DCIA, a Federal agency collecting a delinquent non-tax debt may garnish a delinquent debtor's wages in accordance with regulations promulgated by the Secretary of the Treasury. The Bureau of Fiscal Services, a bureau of the Department of the Treasury (Treasury), is responsible for promulgating the regulations implementing this and other debt collection tools established by the DCIA. The Bureau of Fiscal Services published its final rule at 63 FR 25136, May 6 1998, (Treasury Final Rule) and published technical amendments at 64 FR 22906, 22908, April 28, 1999 and 66 FR 51867, 51868, October 11, 2001. The Treasury Final Rule, as amended, is published in § 285.11 of title 31 of the Code of Federal Regulations. Pursuant to 31 CFR 285.11 (f), Federal agencies must either prescribe regulations for the conduct of AWG hearings consistent with the procedural requirements set forth in the Treasury Final Rule or adopt § 285.11 without change by reference. Basic Provisions

In accordance with the requirements of the DCIA and the implementing regulations at 31 CFR 285.11, the EPA is adopting the provisions of 31 CFR 285.11concerning administrative wage garnishment, including the hearing procedures described in 31 CFR 285.11(f). Use of the Direct Final Rule

This document proposes to take action on amending EPA's regulations on claims collection standards by using administrative wage garnishment. We have published a direct final rule amending EPA's regulations on claims collection standards by using administrative wage garnishment in the “Rules and Regulations” section of today'sFederal Registerbecause we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for thisaction in the preamble to the direct final rule.

If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule.

We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in theADDRESSESsection of this document.


TOPICS: News/Current Events
KEYWORDS: overreach; taxes
If we receive adverse comment, we will withdraw the direct final rule and it will not take effect.

I think they need to receive adverse comments

1 posted on 07/19/2014 10:54:53 AM PDT by The Bat Lady
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To: The Bat Lady

What Good Can a Handgun Do Against An Army?
http://www.freerepublic.com/focus/f-backroom/2312894/posts


2 posted on 07/19/2014 10:57:10 AM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: The Bat Lady

Sounds like the Obamacare payment garnishment !

Can you read the rule to find out.

The ‘non-tax’ part throws me, but then these idiots are probably still calling it a non-tax despite the Supreme court ruling.


3 posted on 07/19/2014 10:57:44 AM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: The Bat Lady

Only to perhaps receive the reply “what’s that? I can’t seem to hear you.”


4 posted on 07/19/2014 10:58:42 AM PDT by CheneyClone
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To: The Bat Lady

Some bureaucrat writes a memo and it carries the rule of law?
I thought only Congress could create laws.


5 posted on 07/19/2014 10:59:45 AM PDT by BuffaloJack (Unarmed people cannot defend themselves. America is no longer a Free Country.)
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To: The Bat Lady

The EPA Marxist need to be slapped silly.


6 posted on 07/19/2014 11:01:41 AM PDT by Amagi (Lenin: "Socialized Medicine is the Keystone to the Arch of the Socialist State.")
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To: Pikachu_Dad

They take your money if you water your lawn and they take your money if you don’t water your lawn and they take your money if you don’t have a lawn


7 posted on 07/19/2014 11:02:34 AM PDT by molson209 (Blank)
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To: BuffaloJack

Nixon’s ghost


8 posted on 07/19/2014 11:02:44 AM PDT by bicyclerepair (The zombies here elected alcee hastings. TERM LIMITS ... TERM LIMITS)
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To: The Bat Lady

A move towards direct dictatorial rule, Guilty until proven innocent.


9 posted on 07/19/2014 11:05:57 AM PDT by Monorprise
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To: Pikachu_Dad; All

I’m thinking the “non-tax” part is fines the EPA throws on citizens for whatever.


10 posted on 07/19/2014 11:07:14 AM PDT by The Bat Lady (FREEPER TheSarce RIP 5/15/14)
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To: The Bat Lady
The EPA backed off on this several days ago, they'll probably try again though.

EPA backs off on wage garnishment rule

11 posted on 07/19/2014 11:07:26 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: The Bat Lady

This damn regime is so out of control.


12 posted on 07/19/2014 11:07:32 AM PDT by FlingWingFlyer (The future must not belong to those who slander bacon.)
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To: The Bat Lady

A move towards direct dictatorial rule, Guilty until proven innocent.

Every dictatorial power is now hastily being moved by the Federal bureaucrats under their now unlimited “Taxing” power. AKA power to impose whatever will they want.


13 posted on 07/19/2014 11:07:44 AM PDT by Monorprise
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To: All
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14 posted on 07/19/2014 11:08:20 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: The Bat Lady

Deadline: 08/01. Let’s do it.


15 posted on 07/19/2014 11:11:17 AM PDT by Silentgypsy (Mind your atomic bonds.)
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To: Amagi

Perhaps but it seems they now have the power to slap anyone who dares stand against them silly with the now boundless power of taxation into slavery.

Every dictatorial power is now hastily being moved by the Federal bureaucrats under their now unlimited “Taxing” power. AKA power to impose whatever will they want. Follow not the edicts of Washington and you shall not be able to earn a living. Indeed everything you own will be taken from you by the dictatorship.

This may be just about the last warring that freedom is just about out the door of this country.


16 posted on 07/19/2014 11:11:34 AM PDT by Monorprise
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To: The Bat Lady

EPA and Homeland Security...the new Gestapo.


17 posted on 07/19/2014 11:30:21 AM PDT by Hildy (Falling down is how you grow. Staying down is how you die.)
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To: The Bat Lady

Why don’t they just go ahead and garnish all wages, then redistribute EBT cards with amounts based on the recipients’ loyalty to the Welfare State? That’s where they want to go with this, anyway...


18 posted on 07/19/2014 11:34:34 AM PDT by Mr. Jeeves ([CTRL-GALT-DELETE])
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To: The Bat Lady

This was already withdrawn, IIRC from another FR post.


19 posted on 07/19/2014 11:44:11 AM PDT by steve86 ( Acerbic by nature, not nurture)
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To: jazusamo

They always try to sneak ‘em in again.


20 posted on 07/19/2014 11:56:47 AM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: Amagi

“The EPA Marxist need to be slapped silly.”

No, Taking a page from their own book, they need to be sent to re-education camps where they will either live out the remainder of their worthless lives doing hard labor (no doubt, for the first time in their lives) or until they can espouse every single word, concept, and idea of the US Constitution - and believe in it.


21 posted on 07/19/2014 12:03:27 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: The Bat Lady

Supreme Court Rules That CERCLA Does Not Preempt State Statutes of Repose By Brian Ferrasci-O’Malley July 8, 2014
- See more at: http://www.martenlaw.com/newsletter/20140708-cercla-does-not-preempt-state-statutes#sthash.C4WKZgu7.dpuf


22 posted on 07/19/2014 12:17:40 PM PDT by EBH (And the head wound was healed, and Gog became man.)
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To: The Bat Lady

So much for 5th amendment substantive due process.
Illegal invaders, yes; Americans, not so much.


23 posted on 07/19/2014 12:33:18 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: The Bat Lady

Carbon credits


24 posted on 07/19/2014 1:08:24 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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To: Pikachu_Dad

AGW payments


25 posted on 07/19/2014 1:09:06 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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To: Monorprise

The other problem is that the EPA issues massive fines, thousands of dollars a day, for modest and even trivial violations.
The irony was that the pushed this proposal to garnish without a trial, after the Supreme Court ruling 9-0 a few months ago that said you can’t demand compliance and fines prior to a hearing.
Now they want the money before you may get a hearing, by which point you have no funds to defend yourself.


26 posted on 07/19/2014 6:46:54 PM PDT by tbw2
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To: tbw2

Your right, I guess they don’t want people to even be able to challenge the EPA assuming they had the finances to for a legal challenge in the first place.


27 posted on 07/19/2014 7:33:09 PM PDT by Monorprise
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